Law: Penal Code (XLV of 1860)

Section: 302/34, 96, 97

(a) Penal Code (XLV of 1860) Ss. 302/34 read with Ss. 96 & 97--Murder-Private defence, right of-Complainant-party, earlier failing in attempt, arming themselves with deadly weapons, and entering house possessed by one of accused at dark hours, thereby intending to dispossess him Four persons on complainant's side killed and an accused's mother, his father, and another accused injured in fight-Prosecution eye witnesses' accounts full of infirmities and pitfalls and not confidence inspiring-Prosecution witnesses also having ample motive to falsely implicate accused and giving exaggerated and twisted version of case-Place of occurrence surrounded by residential quarters but none of their residents produced to support prosecution story--- Trial Court having disbelieved prosecution evidence as against four mused such evidence not reliable against convicted accused without being corroborated by independent evidence-Police from very outset attempting to keep out evidence supporting defence version due to interestedness of a Head Constable brother of one accused-Defence story of using force in right of self-defence, in circumstances, held, probable, accused fully justified to kill in exercise of right of private defence of their persons and property, and no offence committed. Jalal v. The State P L D 1973 Kar. 643 ; Bagh Ali etc. v. State P L D 1973 S C 321 ; Ahmad Khan and another v. The State P L D 1962 Lah. 390 and Muhammad Khan and another v. The Crown P L D 1954 F C 84 ref. (b) Penal Code (XLV of 1860) Ss. 96 & 97-Private defence, right of-Law relating to. The recognition of the right of private defence is simply a recognition of the importance of the instinct of self preservation for the well-being of human society. Self-defence is the nature's oldest law. It is based on the law of necessity of self preservation. The right of self-defence conferred by section 96, P. P. C. is to the effect that every person has a right to hold his ground manfully and not to run away like a coward. The only con sideration is that a person threatened with danger of injury should not exceed the limits fixed by the law. This, of course, depends upon reasonable…